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All of us who drive have had the experience of seeing a police cruiser in our mirror, lights flashing, and that dreaded loudspeaker telling us to pull over. The officer then approaches the vehicle and the bargaining begins where the motorist requests that she not be given a ticket. If the driver is unsuccessful a traffic ticket is issued and two choices result. If it is a minor violation you can choose to mail in the requested fine, or you can fight the violation. If you decide to fight experienced counsel can make the difference and result in a successful dismissal or the least sanction possible. Traffic violations can have serious consequences including increases in insurance premiums, accumulation of a poor driving record, significant fines, and even a loss of license. I am Attorney Ed Pepe, and I have the experience and knowledge to help you successfully defend a traffic violation, no matter how serious. Call today for a free consultation. Thank you for visiting, Attorney Pepe.

JUST THE FAQS

Is the violation of
Rhode Island's traffic laws a criminal offense? Generally no. An adjudication of a violation of the traffic laws is generally considered a civil violation of the law and does not involve criminal sanctions.
There are, however, certain violations of the traffic laws that can
result in criminal sanctions such as probation or incarceration. These include but are not limited to driving
under the influence of liquor or drugs, driving without a license, leaving the
scene of the accident, or reckless driving.
Certain traffic infractions can be very serious and result in a felony
conviction. Therefore, it is extremely
important to hire an experienced criminal defense attorney, such as Attorney Pepe, to mount a
vigorous defense.

What are the
consequences of a civil traffic violation?
Depending on the violation the consequences range from a minor monetary
fine to significant fines and even loss of the driving privilege for a period
of time. Also, traffic violations can
cause your insurance premium to rise, and the accumulation of a poor driving
record. And, if you have a commercial
license, a traffic violation can have the serious consequence of affecting your
employment. If you have been cited with
a violation and are unsure of the consequences call my office for a free
consultation.

Generally, in Rhode
Island what are the fines and penalties for a traffic violation? Rhode Island traffic ticket fines vary by
violation, but each violation’s fine costs the same throughout the state. Currently, most traffic tickets are $75. This
includes moving violations such as following too closely, not using a turn
signal, and eluding a traffic light.
Speeding tickets, however, are higher.
Speeding up to 10 miles over the posted limited costs $85, and 11 miles
or more over costs a minimum of $195 with a $10 fine for each mile over. The
traffic ticket should include the exact fine; if it doesn’t, contact your
Ticket Tribunal or Municipal Court.
Also, there are court costs and other surcharges which typically are the
same throughout the State, and at this time expect to pay $35.00.

I have a very good
driving record and have been issued a traffic citation can I get it dismissed
because of my good driving record?
Rhode Island has a good driving statute which allows a motorist to
request a hearing for dismissal of the violations if the motorist had a motor
vehicle operator's license for more than three (3) years and the traffic
violations are his or her first violations within the preceding three (3)
years. Not all violations may be
dismissed under this statute. See
R.I.G.L. § 31-41.1-7 at
http://webserver.rilin.state.ri.us/Statutes/TITLE31/31-41.1/31-41.1-7.HTM.

If I am stopped by
the police in Rhode Island for driving under the influence of alcohol should I
submit to a breathalyzer? Pursuant
to Rhode Island law, every person who operates a motor vehicle within Rhode
Island has given his or her consent to submit to chemical tests of his or her
breath, blood, and/or urine for the purpose of determining the chemical content
of his or her body fluids or breath.
This consent is subject to the officer having probable cause to make the
stop; which requires that the officer reasonably suspects the driver is
operating a motor vehicle under the influence of alcohol and/or drugs. This law, however, would be subject to the recent United States Supreme Court decision that held that the police must generally obtain a warrant before subjecting a drunken-driving suspect to a blood test. See Missouri v. McNeely. 133 U.S. 1552 (2013) at http://www.law.cornell.edu/supct/cert/11-1425. If a motorist in Rhode Island, however, unlawfully refuses to submit to a chemical test, this is
considered a civil traffic violation. The problem is that the sanctions for a
refusal to submit are more severe than the crime of driving under the influence in that a refusal carries a longer mandatory loss of license. And, if a motorist refuses to submit to a breathalyzer in a drunk driving case, it is very
difficult for the State to prove its case of driving under the influence because the tests used to determine sobriety are easily subject to attack. Thus, the question for the motorist becomes whether or not he or she wants to avoid a criminal conviction or wants to face a longer period of loss of license by refusing to submit.

What is the blood
alcohol level in the bloodstream that results in a violation of Rhode Island's driving
while intoxicated statute? The state
defines driving while intoxicated as any driver with a BAC of 0.08% or higher.
The law is less tolerant for drivers under 21 years old who can be charged with
DUI - driving under the influence - for a BAC between 0.02% and 0.08%.

What are the
penalties in Rhode Island for driving under the influence and refusal to submit
to a chemical test? The penalties
for driving under the influence are stated in R.I.G.L. § 31-27-2 which can be
found at
http://webserver.rilin.state.ri.us/statutes/title31/31-27/31-27-2.HTM. The penalties for refusal to submit to a
chemical test are stated in R.I.G.L. § 31-27-2.1 and can be found at
http://webserver.rilin.state.ri.us/statutes/title31/31-27/31-27-2.HTM. It is important to note that the penalties
increase for each subsequent violation of either statute. You must retain an experienced
attorney, like Attorney Pepe, if you have been charged with these offenses as they carry very
serious sanctions. Please contact my
office for a free one-half hour consultation if you have been cited with a
violation of these statutes.